Doubts on H4 and L2

[iray81]

I have H1B Visa and planning to go to US with my wife and 1 year kid for 2 years, both in H4 Visa. 6 months down the line, my wife will process L1 from her existing company and start working in US. I have three doubts in such a scenario...

1. Can my wife work from US in India Payroll (from US home) in her current Indian company? Is there any law which restricts 'work from home - in other country's payroll' her for not doing it?
2. Once my wife's L1 petition is processed, does she have to travel back to India to get the L1 Visa Stamped or it can be stamped from US?
3. Can my daughter's H4 be transferred to L2 at the same time of wife's L1, so that my little kid can always stay with her mother, in case I need to come back earlier than my wife, at the end of US assignment?

[kabkaba]

I have H1B Visa and planning to go to US with my wife and 1 year kid for 2 years, both in H4 Visa. 6 months down the line, my wife will process L1 from her existing company and start working in US. I have three doubts in such a scenario...

1. Can my wife work from US in India Payroll (from US home) in her current Indian company? Is there any law which restricts 'work from home - in other country's payroll' her for not doing it? -- Technically, she is not allowed to work (for any employer in any country) while in the US in H4 status.
2. Once my wife's L1 petition is processed, does she have to travel back to India to get the L1 Visa Stamped or it can be stamped from US? -- She cannot get the Visa while in the US. But her employer can file the petition with change of status (or amend if already filed). After change of status is approved she can (and must) start working.
3. Can my daughter's H4 be transferred to L2 at the same time of wife's L1, so that my little kid can always stay with her mother, in case I need to come back earlier than my wife, at the end of US assignment? -- Yes, I-539 can be field to change your child's status either along with the L1 petition or separately.

See above.

[iray81]

See above.

Thanks for the prompt reply...

I do understand that H4 is not meant for working, but if my wife works online through internet and salary is credited in her Indian account,never transferred to any US account, how it can be tracked that she is working, assuming Indian employer is okay with this mode of work? Or it is better to take 'Leave of Absence' from current company and while going in H4 status taking a time-off.

Also, on the 2nd question, she has to come back to India to get her L1 stamped, correct? While petition can be filed, Visa stamping cannot be done while in US, is that correct?

Do you suggest, in the stated situation, I should only go in H1 alone and my wife+daughter should come later when L1+L2 is ready, is that the best solution or some thing else can be done here...

[raghvi]

Thanks for the prompt reply...

I do understand that H4 is not meant for working, but if my wife works online through internet and salary is credited in her Indian account,never transferred to any US account, how it can be tracked that she is working, assuming Indian employer is okay with this mode of work? Or it is better to take 'Leave of Absence' from current company and while going in H4 status taking a time-off.

Also, on the 2nd question, she has to come back to India to get her L1 stamped, correct? While petition can be filed, Visa stamping cannot be done while in US, is that correct?

Do you suggest, in the stated situation, I should only go in H1 alone and my wife+daughter should come later when L1+L2 is ready, is that the best solution or some thing else can be done here...

What kabkaba has mentioned is the legality of H4 working in US. If you are working on US soil you need valid visa to do so. On H4 it is illegal to work.

Look at it this way, you are still using the US based home, roads, network connections, electricity etc to work for an organization without paying a dime of taxes to the US govt and that is neither legal nor ethical but thats a different debate. Also whether it can be tracked or not is a different issue. If Govt wants they can surely track.


She can file for an H4 to L1 COS while in US and if approved that will change her status to L1, but as and when she goes back to India if she wants to return to US on L1 she will have to get a new stamping done.

L1s are not easy to come by now be it H4 to L1 COS or L1 while in India, so its more of a personal choice that you have to make;
1. Whether to take wife and dependents on H4 and wife not working till H4 to L1 is approved but you get to be with them in US
OR
2. Wife continuing to work while in India and trying to get her L1 and returning to US once L1 is approved, but you are not with them till that happens.

This is my opinion not legal advice.

[kabkaba]

Thanks for the prompt reply...

I do understand that H4 is not meant for working, but if my wife works online through internet and salary is credited in her Indian account,never transferred to any US account, how it can be tracked that she is working, assuming Indian employer is okay with this mode of work? Or it is better to take 'Leave of Absence' from current company and while going in H4 status taking a time-off.

-- Technically she is not allowed to work. Leave of absence is fine.

Also, on the 2nd question, she has to come back to India to get her L1 stamped, correct? While petition can be filed, Visa stamping cannot be done while in US, is that correct?

-- Having L1 Visa in the passport and having L1 status are two different things. While in the US she can change her status to L1 from H4. Visa is not required for that. Visa is only needed when you want to travel to US from abroad. So it can only be obtained while you are abroad.

Do you suggest, in the stated situation, I should only go in H1 alone and my wife+daughter should come later when L1+L2 is ready, is that the best solution or some thing else can be done here...

-- Both are valid options. (Waiting for L1 petition to get approved and then obtain L1 Visa to travel or travel in H4 status and change to L1 status). It is up to you to deicde.

See above.

[iray81]

See above.

Thanks again for the clarification...

If I opt for H4 now for my wife and later apply for L1 COS, and somehow it gets rejected while in US, can she stay in old H4 status or she has to come back to India? Also, for my kid can we apply for L2 COS along with wife's L1 COS from H4?

[kabkaba]

Their H4 status will remain valid.